Russian authorities ask for powers to detain transport vehicles of foreign carriers


17:39 28/09/2021

MOSCOW, September 28 (RAPSI) – The Russian government has submitted a bill to the State Duma that provides that the transport vehicles of foreign carriers could be detained in Russian territory in the event of violation of national traffic rules, according to the database of the lower house of parliament.

It is proposed to make respective changes to the Code of Administrative Offenses.

At present, it is not possible to prohibit foreign vehicles from leaving the territory of the Russian Federation as long as fines imposed on such vehicles due to traffic violations are not collected. This is the reason for the low collection of fines. In particular, in 2020, agents of the Federal Service for Supervision in the Field of Transport (Rostransnadzor) fined foreign carriers for violating the procedure for international road transport in the amount of 588 million rubles (about 8 million at the current exchange rate), but was only able to collect 405 million rubles ($ 5.5 million), or 68%, say the authors of the initiative.

According to the Ministry of the Interior, in 2020, the agents of the National Traffic Inspectorate could, without counting the infringements recorded using photo and video recording means, reveal 783,000 traffic violations. committed by drivers behind the wheel of vehicles registered abroad, 730,000 respective decisions. were issued, but only 477,000 of them were executed.

It should be noted that in order to identify administrative offenses in the field of road traffic, special technical means, which have the functions of photographing and filming, as well as recording videos, and operate in automatic mode, have recently been actively used. If an offense is detected using photo and video recordings, in accordance with the Code of Administrative Offenses, the owners of such vehicles should be prosecuted. As such incidents are recorded during transport, the measure is to be applied with regard to carriers, that is to say not to natural persons, but to legal persons. The mechanism to bring foreign legal persons to administrative responsibility for offenses recorded in automatic mode is not implemented in practice, since there is no legal representative of the legal person in the territory of the Federation. from Russia.

Thus, vis-à-vis foreigners, in practice, only the driver who is a natural person can be challenged administratively when the vehicle is stopped directly by the agents of the regulatory authorities. But even in this case, the agents of the regulatory authorities can only register the fact that an offense has been committed and impose a fine, since the Code of Administrative Offenses does not provide for the detention of a foreign vehicle until payment of such a fine for each and all types of administrative violations, explain the authors of the bill.

As a result, vehicles of offenders can freely leave the territory of Russia without paying a fine, according to the authors of the document.

The Russian Ministry of Transport has drafted a federal law that aims to ensure that foreign carriers are unswervingly subject to administrative liability for the commission of administrative offenses under the Code of Administrative Offenses by vehicles owned by foreign carriers , moreover to retain such vehicles using blocking devices until the payment of an administrative fine, indicates the explanatory note of the bill.

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